Latest Judgement

1. INTRODUCTION
   In a landmark judgement, the Telangana High Court held that consensual physical relations predicated on the belief of lawful marriage—when induced by deception about the respondent’s ongoing first marriage—constitute rape under Indian penal law
2. FACTUAL BACKGROUND
   The appellant (wife) filed a petition under Sections 11, 5, and 25 of the Hindu Marriage Act, 1955, read with Section 7 of the Family Courts Act, 1984, seeking annulment of the marriage. She alleged that the respondent remained married to his first wife, though he claimed, without evidence, that they had divorced via customThe family court dismissed the petition, reasoning that the appellant was aware of the respondent’s first marriage and had not proved his financial standing.
3. LEGAL ISSUES
   THE HIGH COURT FRAMED FOUR PRINCIPAL ISSUES:
   i. The applicability of Sections 5(i) and 11, addressing whether the second marriage was void ab initio for omitting a valid divorce.
   ii. Whether the appellant’s consent was vitiated by criminal deception, engaging Section 375 IPC and Section 63(d)(iv) BNS.
   iii. The sufficiency of oral or documentary evidence in support of the husbands claim of customary divorce.
   iv. Whether the family court’s inferences about the appellant’s supposed knowledge were speculative and unjustified.
4. HIGH COURT’S ANALYSIS AND HOLDINGS
   i. VOID MARRIAGE FOR LACK OF VALID DIVORCE
   The Bench held that under Section 5(i) read with Section 11 of the Hindu Marriage Act, a man already married cannot enter into a legally valid second marriage, rendering the union void ab initio.ii. DECEPTIVE CONSENT CONSTITUTES RAPE
   The court found that the appellant’s consent to intimate relations was based on the false belief that the respondent was her lawful husband, satisfying the fourth clause of Section 375 IPC and the parallel provision under Section 63(d)(iv) BNS. This deception vitiated her consent, constituting rape under both statutory regimes.

   iii. BURDEN OF PROOF FOR CUSTOMARY DIVORCE
   The respondent’s claim of divorce by custom was held insufficient without documentary or oral proof, as required by law. The court criticized the trial court’s failure to frame and examine issues regarding the alleged customary divorce.

   iv. IMPROPRIETY OF TRIAL COURT’S PRESUMPTIONS
   The High Court chastised the family court for its “presumptuous and objectionable” remarks, suggesting that the appellant, in a “love-cum-arranged marriage,” must have known of the first marriage. Such unsubstantiated inferences, including assertions about her enjoying a “luxurious life,” were deemed prejudicial and legally unsound.

   v. DISPOSITION
   THE HIGH COURT:
   a. Set aside the Family Court’s order.
   b. Declared that the second marriage void.
   c. Found the husband guilty of rape under IPC and BNS.
   d. Allowed the appeal, granting annulment and affirming the appellant’s right to legal recourse.

5. SIGNIFICANCE AND IMPLICATIONS
   This judgment represents a significant evolution in Indian jurisprudence. It underscores that an individual cannot evade statutory provisions regarding monogamy through unverifiable customary practices. Moreover, it affirms that consent obtained by deception—even within purported marriage—is not true consent, effectively criminalizing deceitful cohabitation. The ruling also reinforces that tribal or customary norms must meet evidentiary thresholds akin to statutory claims.
6. CONCLUSION
   The court declared that second marriage during subsistence of first marriage will amount to rape with the second wife. By doing so, it fortifies the intersection of family law norms and criminal accountability, advancing legal protection for individuals misled into intimate relationships by deception.This article has been researched and written by Advocate Aarun Chanda, practicing divorce law in Mumbai and Pune. This article is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer/advocate specializing in divorce cases for professional legal guidance.

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